Chapter 456
2012 -- S 3035 AS AMENDED
Enacted 06/26/12
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT
Introduced
By: Senators Picard, and
Date Introduced: May 31, 2012
It is enacted by the General
Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE
AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:
CHAPTER
4.2
CATEGORY
ONE MEMORIAL ITEMS
42-4.2-1.
Definition of category one memorial item. -- (a)
As used in this chapter, a
category one memorial item shall include a structure,
sculpture, inscription, or icon, or similar
item, which meets the following criteria:
(1) Has attained a
secular traditional, cultural, or community recognition and/or value;
(2) Is located on
property that is owned by either the state, a city or town, or any
instrumentality thereof;
(3) Was in existence
prior to January 1, 2012; and
(4) Is designated as a
category one memorial pursuant to section 42-4.2-2.
(b) A memorial may,
but does not need to be, related to military affairs in order to be
designated as a category one memorial.
(c) The potential
identification of an item or the item having recognizable identification
with a known or established religion shall not exclude the
item from being designated as a
category one memorial item, so long as the provisions of
subsection (a) are met.
42-4.2-2.
Creation of commission. – (a) There is hereby established a permanent
commission, to be known as the category one memorial designation
commission, to consist of
five (5) members; two (2) of whom shall be appointed by
the speaker from a list of nominations
provided by the chairperson of the
elected official; two (2) shall be appointed by the senate
president from a list of nominations
provided by the adjutant general of the
Rhode Island veterans of foreign wars, and one to be a
member of the American legion; and one
to be the spouse or a child of a deceased veteran, to be
appointed by the speaker.
(b) The members of
the commission shall, in February of each odd-numbered year, elect
from among themselves a chairperson. Vacancies in the
commission shall be filled in like manner
as the original appointment.
(c) The purpose of
the commission shall be to hear and make determinations on requests
by members of the general public to designate items
within the state as described in section 42-
4.2-1 as category one memorial
items. Upon deliberation,
the commission may communicate
their majority decision to designate an item as such in
written form to the city or town clerk of the
municipality wherein the item is located, for recording in the
land records, and to the chief
executive of the municipality.
(d)
Three (3) members of the commission shall constitute a quorum.
(e) The commission shall
meet upon receipt of a request to designate.
(f) All departments
and agencies of the state shall furnish advice and information,
documentary and otherwise, to the commission and its agents as
may be necessary or desirable to
facilitate the purposes of this chapter.
(g) The speaker is
authorized and directed to provide suitable quarters for the
commission.
(h) The commission
shall file a report with the general assembly.
SECTION 2. This act shall take effect upon passage.
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LC02743
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